GREENFIELD, Ind. (WISH) — The bishop of a Gary, Indiana church says some members of her congregation are still “shaken up” after their church bus was involved in a fatal crash Tuesday on Interstate 70 near Greenfield that claimed the life of a six-year old boy.

Bishop Lois Hill also said she was unaware the van driver was operating on a suspended license in an interview with I-Team 8.

“We just want to thank God for all the prayers and all the goodness that we have felt in this town. They showed us they are a brotherhood of the people,” Bishop Lois Hill told reporters in Greenfield. “We’ve got some (who) were shaken up, but they doing good – holding strong.”

At least four vans and SUVs carrying church members stopped by a Greenfield tow yard Wednesday to collect personal belongings left behind. They were told they could not retrieve anything from the van while Indiana State Police investigate the cause of the crash.

Indiana State Police have not found a cause but have said they don’t believe anything was mechanically wrong with the vehicle. Authorities did say that the driver, Charles Goodman, was operating on a suspended license. He was injured in the crash and taken to IU Health Methodist Hospital, authorities said Tuesday.

When asked about Goodman’s driving record, Bishop Hill responded: “Well, that’s what’s in the state police report. I have nothing to say about that because that was not indicated to me.”

Indiana State Police said the van had not been assigned a U.S. Department of Transportation number but should have given that it was traveling out of state. Members of the church were on their way to a convention in Dayton, Ohio when the crash occurred.

Federal Motor Carrier Safety Administration officials tell I-Team 8 that drivers of privately-owned vehicles that carry up to 15 passengers are not required under federal law to have a commercial license. Indiana State Police said in a statemetn that “although this bus does not qualify as a commercial vehicle by definition, due to the circumstances of the crash it will be inspected by the Indiana State Police Commercial Motor Vehicle Division.

Captain Dave Bursten said the “intent” of the bus was crucial, and due to the fact that it was intended to be driven out of state, the bus should have had a U.S. DOT number.

When asked about who owned the van, Hill said it was hers, and disputed state police’s contention that it needed a U.S. DOT number.

INDIANAPOLIS (WISH) — Angie’s List plans to make significant changes to its review online system in the next 10 days.

The changes come after an I-Team 8 investigation uncovered a flaw in the system that allows contractors to retain positive grades for work they complete, but doesn’t always penalize them when consumers pay in advance and the work is never started.

Here’s how it works:

Angie’s List allows paying members to review contractors, companies and even physicians by giving them letter grades and written comments.

The I-Team 8 investigation examined hundreds of pages of reviews from various contractors and found that in some cases, customers were indicating that work was never done even though some paid money in advance for services. Angie’s List says those reviews should have been considered “work done.”

Why is that significant?

Because Angie’s List ranks contractors by letter grade and gives more weight to those letter grades based on completed projects. So if customers are paying money in advance and no work is ever done by a contractor, those reviews aren’t counting as much – allowing contractors to hold onto inflated grades they perhaps did not earn.

In response to this finding, Angie’s List conducted an internal audit within the past 90 days and discovered that this is happening in almost 1 out of every 100 cases, according to Angie’s List spokeswoman Cheryl Reed.

“Let me be clear, reports where money exchanged hands are intended to be ‘work done’ reports,” said Angie’s List Founder, Angie Hicks, during a recent sit-down interview with I-Team 8.

Hicks, who co-founded Angie’s List with CEO Bill Oesterle, says she is willing to make changes and plans to add a pop-up window and additional follow-up emails to help guide consumers when they make reviews. Additional emails will also be sent to anyone who provides a “C” grade or lower to a contractor or company, regardless of whether work was completed or not.

Within 10 days, Angie’s List says it will:

Making that policy more clear

Reach out a second time to offer help to consumers who have a bad experience

Review its records to see if there are other cases that were mistakenly marked “work not done.”

One of the businesses examined during I-Team 8’s investigation was Carmel-based Green Frog Restoration, which was given a “C” by Angie’s List under the roofing category – that ranking including five “F” grades in the past year and one “A” from 2013.

Despite five “F’s,” Green Frog Restoration was showing it had a “C” ranking from Angie’s List. The same company was given an “F” ranking by the Better Business Bureau.

Barbara Duke knows what grade she would give the Green Frog Restoration. When asked, she said: “The F.”

Duke and her husband, Robert, said they were contacted by Green Frog Restoration, who asked if they could fix their roof, siding and shed following a hail storm. The Dukes said they agreed and signed a contract, turning over an insurance check worth $10,000.

“They come and got the check and then we didn’t hear anymore from them,” said Barbara Duke.

Barbara says she calls the company once or twice a week but no one answers. No one answered the door when I-Team 8 showed up at the Carmel business office listed as the company’s address. Our repeated phone calls were also not returned. An office manager at the business complex said she had not seen the tenants in a month.

When I-Team 8 notified Angie’s List that both White and the Dukes had paid money in advance but never received services, a spokeswoman confirmed that there were other similar instances and said that the company’s rating should be a “D.”

This isn’t the first time Angie’s List methods have been questioned. A federal lawsuit filed earlier this year alleged that contractors and companies can improve their position by paying advertising fees on the website. Angie’s List sought to have that case thrown out and a spokeswoman denied the assertions, saying that contractors and companies who advertise are held to a higher standard and are required to give discounts. Spokeswoman Cheryl Reed did not dispute, however, that discounts offered by the highest-rated companies are often at the top of Angie’s List.

The Indiana Utility Regulatory Commission said Wednesday that it has received three complaints and four inquiries from Citizens Energy customers concerned about water meter pit lids. A regulatory requirement leaves customers shouldering the cost of repairs or replacement.

On Tuesday, I-Team 8 reported on a dispute brewing between Indianapolis homeowners and Citizens Energy over who is responsible for the repair of the cast iron lids that cover water meters. The homeowners contend they don’t service the water meters and shouldn’t be responsible for its maintenance. But the IURC and Citizens point to utility regulations that say otherwise.

Citizens Energy estimates 18,000 pit lid covers are not in proper working order, according to a spokeswoman.

The utility wants homeowners to shoulder the cost of making the repairs themselves within 30 days. If they are unable, a Citizens Energy representative will make the repairs at a cost of up to $68.

Last week, the utility sent out letters to Homewood Park West residents asking that they pay to make repairs to the pit lids that “will not open or close properly,” according to a copy of the letter obtained by I-Team 8.

“Per the Indiana Utility Regulatory Commission, which is the governing body that regulates all utilities in Indiana, it is the customers’ responsibility to maintain the water meter pit lids,” said Sarah Holsapple, a spokeswoman for Citizens Energy.

Holsapple said approximately 100 letters have been sent in the latest billing cycle.

I-Team 8 first reported Tuesday that the rule that stipulates that homeowners are responsible for maintaining their pit lids was adopted by the Indiana Regulatory Commission on March 24, 2014.

Holsapple provided the following language on the rule known as 5.1:

5.1 Ownership and Size of Meter and Pit. All Meters shall be owned, installed, removed and maintained by the Utility. The Utility shall determine the kind and size of Meter to be used in connection with any Service Pipe. Except as provided in Rule 5.3, all Meter pits, Meter pit covers and other materials comprising the Meter pit facilities shall be purchased, owned, installed, removed, and maintained in a safe manner by the Customer. Repair to or replacement of missing or damaged Meter pit lids for public safety reasons shall be made by the Utility, but at the Customer’s expense. Each Customer shall pay a fee for installing a Meter as set forth in Appendix A of the Utility’s Rate Schedules.”

UPDATE:

After our story aired, IURC contacted us Wednesday morning with additional information.

While the rule was made effective in 2014, IURC and Citizens Energy contend similar language has been on the books as far back as 2002. Citizens Energy did not take over the water utility until 2011.

The 2002 language was provided to I-Team 8 by the IURC.

At the time it was known as rule 5(A).

It reads as follows: “All meters shall be owned, installed, removed and maintained by the Department. The Department shall determine the kind of size and meter to be used in connection with any service pipe. Except as provided in Rule 5(C), all meter pits, meter pit covers, and other materials comprising the meter pit facilities shall be purchased, owned, installed, removed, and maintained in a safe manner by the customer.”

But regulatory records reviewed by I-Team 8 show that there was confusion among customers over who is responsible for the pit lid covers when Citizens Energy sought to amend the language in 2014. At the time, Citizens Energy was seeking approval for a rate increase before the regulatory commission.

According to a copy of the records reviewed by I-Team 8, Citizens Energy sought “proposed changes to its Terms and Conditions for Water Service, including the ‘addition of a provision to the Meter Rule that (Citizens) will repair or replace missing or damaged meter pit lids at the customer’s expense.'”

During that petition Korlon Kirkpatrick, Citizens Energy’s Director of Regulatory Affairs, cited the 2002 language but noted “that there was some confusion among customers as to whether they were responsible for repairing or replacing the meter pit lid. The proposed added language clarifies this issue, providing that the ‘repair or replacement of missing or damaged meter pit lids shall be made by the Utility but at the customer’s expense.'”

But after concerns were raised by the Office of Utility Consumer Counselor, the language was changed to read: “repair to or replacement of missing or damaged meter pit lids for public safety reasons shall be made by the utility but at the customer’s expense.” The regulatory board found the changes to the rule were “reasonable,” noting that “these changes, among other things, add definitions and provisions that will provide additional clarity regarding specific issues relating to the Petitioner’s water service.” The language became effective in March 2014.

Customers unaware

Despite this, it appears many residents were unaware of the change.

Several residents of Homewood Park West interviewed by I-Team 8 contend they’ve lived there for decades and never received a letter from the utility inquiring about their meter pit lid.

Amal Kafrawi was among those who received a letter last week.

“I’ve been living here since 1974 and I never had problem with the water company or the meter,” she said.

Bowles says many of the bolts and nuts on the water meter lids have rusted because the meter readers have failed to open and close them on a monthly basis.

“We feel that it is the responsibility of Citizens to correct this problem because their employees have caused the problem by not doing their job properly,” said Brent Bowles, the neighborhood association president.

By (the meter readers) not exercising that bolt on a regular monthly basis – that has caused the issue,” Bowles said in an interview with I-Team 8. “By them leaving them (unlocked) with the rain and snow, it’s cause the cast iron lid to rust, which seizes the brass bolt.”

When presented with Bowles’ complaint, Hoslapple said: “Our meter readers would say we can’t tighten the bolts if they are not working properly.”

Charles McDonald, who has lived in Homewood Park West for 51 years, says he’s never received a letter regarding his pit lid cover until now.

“I think they are trying to jam people, is what they’re doing,” McDonald said.

Holsapple denied that, saying: “It’s not a money grab. We would have to pay for it if we replaced it on our own so we would ultimately charge the ratepayers because your meter pit has a bolt that’s not working,” she said. “We are not making any money off of replacing nuts on water meter lids we are simply charging the customers what they need to pay because it is their responsibility.”

Citizens Energy was not responsible for Indianapolis’ water utilities prior to 2011, Holsapple said, but she did acknowledge that the effort to recoup the cost of repairs is something that Citizens Energy has enacted.

“This has been something that we’ve put into place. Yes, it’s been one of our practices. I would not call it an initiative, but I would say it’s something that we regularly monitor and we send out these letters on a regular basis,” she said. “We do it for a couple reasons – first the safety reason – and then I don’t know that a lot of customers know that it is their responsibility. Even though IURC says that’s the case, we understand that people may not know that.”

Citizen’s Energy’s Holsapple said the issue of letters going out is not new. She said the company has sent them out more than 100 in recent weeks, but that it had been a “regular practice” of the company for years.

“We do it for a couple of reasons – the safety reason — and then I don’t know that a lot of customers do know that it is their responsibility to maintain
Even though IURC says that’s the case, we understand that people may not know that,” she said.

Bowles said he has spent the last week using a hammer and a $4 can of rust remover to help unlock pit lids that were rusted over.

I-Team 8 watched as Bowles hammered around the bolts and nut, loosening at least five during our interview.

“I think this is my tenth this week,” Bowles said.

Bowles said he worries not everyone of his neighbors will be physically able to make the repairs, which is why he’s done it.

Daniel Pitmon is among those who received a letter from Citizens Energy. He’s legally blind and said he had a hard time seeing the bolt which was rusted.

Both Pitmon and Bowles said that they’ve filed complaints with the Office of Utility Consumer Counselor.

“The liability on it should be the utility company not the homeowner,” Pitmon said.

AUSTIN, Ind. (WISH) — Disagreements between two health agencies at the center of Indiana’s HIV crisis might have delayed state officials from finalizing a long-term plan to treat these patients, local officials tells I-Team 8.

The two agencies – IU Health and the AIDS Healthcare Foundation – have been serving HIV patients in Scott County for months. Nearly 170 people have been diagnosed as HIV positive since the crisis began earlier this year. Intravenous drug use has been blamed for helping spread the disease in southern Indiana.

But lately, infighting between physicians, HIV advocates and the state officials trying to broker a deal has complicated the effort to come up with a long-term plan, local officials say.

“It’s delayed it, yes,” said Brittany Combs, Scott County’s public health nurse. “I think it’s prolonged it because we have a lot of deliberations going on. So I think it’s definitely prolonged the plan. I know everybody, their number one concern is making sure people with HIV get the care they need.”

While the cause of the rift is not clear, Combs told I-Team 8 that IU Health made it clear they did not want to work with the AIDS Healthcare Foundation.

In mid-May, IU Health physicians abruptly moved out of Family Foundations Medicine, a local practice run by Dr. William Cooke after Cooke and the city of Austin partnered with AHF.

A month before that, Austin Mayor Douglas Campbell had written a letter to AHF, asking that it come help his troubled community.

When asked to explain why IU Health moved its practice into the Community Outreach Center, Combs said, “They told (Cooke) they didn’t want to work with AHF and Dr. Cooke had signed a contract with AHF, so (IU Health) needed a place to go.”

Reached by phone, Campbell told I-Team 8, “I am aware that they have issues,” but said he did not know the specifics.

IU Health officials did not respond to repeated questions asking about its concerns with AHF.

Instead, IU Health released a statement:

Indiana University Health is committed to the Scott County community and those HIV-infected or affected patients that need care. Our priority continues to be the health of the patients we care for. IU Health originally came to Scott County in March at the request of the Indiana State Department of Health, because of our expertise and experience in treating patients diagnosed with HIV. Our role in Scott County has been to provide screening, education and care to those members of the community who are HIV-infected or affected. We should all continue to work as a team to educate Hoosiers about HIV and encourage the people of Austin to seek testing and medical care.”

For its part, Whitney Engeran-Cordova, AHF Senior Director of Public Health, released a brief statement that read:

We are not in Indiana to play politics with public health.”

Sources who asked not to be identified given the sensitive nature of these talks acknowledged that differing philosophies on patient care may be one of the reasons IU Health officials are wary. AHF’s president, Michael Weinstein, has also opposed the use of certain drugs used in the treatment of HIV patients. In April, three former employees sued AHF in a Florida federal court, alleging that the agency was involved in a fraudulent scheme to secure government funds. An AHF insider denies that the case has merit.

In an interview last week, Deputy Health Commissioner Dr. Jen Walthall, was asked if her job had become made complicated by the alleged rift.

“I don’t think that there is a rift. I think that at the end of the day our patients here are being taken care of. We have wonderful results,” Walthall said, who after being pressed further said, “I think that it is challenging but we are always up for a challenge and I think we will be able to come to a solution that works.”

Officials with the Indiana State Department of Health remained tight-lipped about long-term care plans Tuesday afternoon.

Tuesday night, those plans were expected to be unveiled during a public meeting in Austin to spell out “the transition planning process and long-term sustainability efforts,” according to a ISDH spokeswoman.

But sources tell I-Team 8 IU’s desire not to work with AHF may have negatively impacted the state’s department to quickly finalize plans for long-term care.

When Combs was asked if it was troubling that she was kept in the dark, she said, “It’s just the way it works in public health. You know you have to roll with what you got.”

The Community Outreach Center, a building that has served as a hub for treating patients affected by the worst HIV crisis in state history, will close at the end of the month.

Scott County health officials were scrambling Tuesday to finalize plans for a new building that could house patient care, a needle exchange, counseling and additional resources. They hope to secure those plans in the coming days, according to Combs.

Residents in Austin, who identified themselves as being either infected with HIV or affected by the crisis, did not want to appear on camera but told I-Team 8 that they were sad to hear the Community Outreach Center would close.

One woman, who asked not to be identified, said she had benefited by seeking treatment there.

Combs said, after the state vacates the Community Outreach Center, the county cannot afford to remain where rent is nearly $10,000 a month, she said.

INDIANAPOLIS (WISH) — As a cadre of narcotics officers raided the largest marijuana grow operation in Indiana history, they discovered roughly 500 marijuana plants, 50 pounds of marijuana, $40,000 cash and a THC extraction lab used to make “honey oil.”

It also known as wax, 710, marijuana oil or budder, according to the DEA.

While the bust certainly disrupted a large drug operation, it’s the latter of those discoveries that is concerning to DEA officials and local prosecutors in Indiana. Four unidentified people were taken into federal custody, according to Indiana State Police, who said the arrests involved people from both Indianapolis and the Batesville area.

“It’s in three separate rooms.They are making honey oil here, a large amount,” said Master Trooper Dan Madison with Indiana State Police.

According to a DEA source, the THC extraction labs can be highly volatile because they often require heat from a propane or butane torch to help extract the oil from marijuana. Through a process that combines marijuana, solvents and heat, users can create both marijuana oil or wax, which is said to be four to five times more potent than traditional marijuana, according to DEA resources.

It can also be dangerous – even deadly.

In April, 32-year old Brandon Abbott was sentenced to 70 years in prison for neglect of a dependent resulting in death after a fire at his Tippecanoe County home killed his three-year-old twin boys. Court records show the boys suffered burns and suffocated in the fire. While the cause of the fire was undetermined, authorities discovered a pill grinder, marijuana and an exploded propane container inside the home. Abbott denied that he smoked “wax” that night, but did admit to doing it earlier in the week and taking Ecstasy the day before he picked his kids up for his custodial visitation.

“The greater picture here is that individuals are using volatile substances to create a different form of marijuana and people are dying from it as a result of this,” Tippecanoe County Prosecutor Pat Harrington said during an April interview with our sister station, WLFI.

While there were no reported fires at Wednesday’s bust in Indianapolis, Master Trooper Madison said that the wax is popular in states like California and Colorado, where marijuana is either legal or largely decriminalized.

In Colorado, which fully legalized both recreational and medical marijuana in 2013, law enforcement data shows explosions have grown from two in 2009 to 32 in 2014.

“Unfortunately it takes terrible incidents to get folks attention,” according to David Powell with Indiana Prosecuting Attorneys’ Council. “You hate for people to die or get hurt before people start paying attention to this concern.”

Powell said he plans to again ask the Indiana legislature to support a bill that would enhance the penalties for those caught making “wax.”

He said a similar push last year died, but he was lobbying for it after a massive overall of Indiana’s criminal code reduced the penalties for drug-related crimes.

]]>http://wishtv.com/2015/06/10/lab-used-to-make-marijuana-wax-found-amid-large-bust/feed/0Thu, 11 Jun 2015 13:03:22 +0000South side marijuana bustwishbennetthaeberleGuardrail manufacturer ordered to pay millions after design changehttp://wishtv.com/2015/06/09/guardrail-manufacturer-ordered-to-pay-millions-after-design-change/
http://wishtv.com/2015/06/09/guardrail-manufacturer-ordered-to-pay-millions-after-design-change/#commentsTue, 09 Jun 2015 23:15:33 +0000http://wishtv.com/?p=169482]]>DALLAS (WISH) – A guardrail company must pay $663 million for failing to tell the government about design changes to highway guardrails that some say made them more dangerous.

A judge handed down the ruling against Texas based Trinity Industries Tuesday.

An I-Team 8 investigation found while 32 other states banned the newly designed ET Plus guardrails, Indiana did not and even replaced some of them.

INDIANAPOLIS (WISH) — Officers with both Indianapolis and Beech Grove police departments say a pursuit involving a shoplifting suspect was called off four minutes before the suspect was involved in a fatal crash that killed a 63-year old grandmother and seriously injured three others.

What’s unclear is whether the suspect, 21-year old Matthew Edmonds, knew he was no longer being pursued by police.

The crash occurred around 8:19 a.m. Monday at the intersection of State and Prospect streets in the Fountain Square neighborhood. The pursuit began at 8:11 a.m. – six miles away at a Walmart on South Emerson Avenue.

Three minutes later – at 8:14 a.m. – Beech Grove police cancelled the chase near the intersection of Raymond and Perkins Streets after noticing that Edmonds was driving westbound in the eastbound lanes of Raymond Street. A minute after that at 8:15 a.m., IMPD supervisors notified its officers to cancel its pursuit, Riddle said.

Officers believed that continuing the chase would have been too dangerous given that officers also spotted a school bus loaded with children near Raymond Street and Perkins Avenue.

“The pursuit was terminated at the intersection of Raymond and Perkins for safety reasons,” Riddle said.

Three minutes after the pursuit was called off, an IMPD officer noticed the suspect vehicle driving north on State Street.

A minute later, the fatal accident occurred.

“We believe that our suspect – then noticing the marked police vehicle – sped up in an attempt to get away, thinking that our officer was going to re-engage in a pursuit with him,” said Riddle.

Lt. Riddle said Edmonds continued to flee and never stopped as officers attempted to pull him over.

“Everything that we take into account and factor in to continuing a pursuit or terminating a pursuit is all based on sensory perception, traffic conditions, weather and any other factor that we know in real time,” said Riddle.

In this situation, Riddle said the presence of the school bus and Edmonds’ erratic driving were reason enough to cancel the pursuit.

IMPD policy states that officer or supervisors engaging or monitoring a pursuit must consider the following:

“There’s just a lot of things that officers need to immediately digest and immediately take into account during pursuit conditions,” said Lt. Riddle.

When asked if there any other factors that might have aided in Monday’s pursuit, Riddle said that the department’s helicopter was unavailable because a lack of on-duty personnel at the time.

“It may have made a slight difference only that they could have followed the suspect vehicle. After the pursuit was terminated, there was a time when the suspect vehicle was unknown,” Riddle said.

Beech Grove police declined to release its pursuit policy, citing the ongoing investigation. But department spokesman Capt. Bob Mercuri described it as similar to IMPD’s in that it helps officer “weighs the risk versus the rewards” of continuing or terminating a pursuit involving a suspect.

Mercuri said court records detailing the incident might be available early this week.

Larry Pryor, a machine shop manager whose office faces Raymond Street, said he saw Edmonds fleeing and being chased by three or four officers from both IMPD and Beech Grove.

“They were going 70 or 80. They were flying,” he said.

Pryor added that he was surprised the pursuit stopped near McFarland Middle School.

“I thought maybe they had caught him,” he said. “Then I heard about the crash up the street.”

IMPD also released this timeline of Monday’s events:

8:07 a.m.—Initial call into dispatch on a theft-in-progress run at Walmart 4650 South Emerson Avenue

INDIANAPOLIS (WISH) — An Indiana dentist accused of performing unnecessary procedures and overbilling Medicaid will face a disciplinary hearing before the state board of dentistry later this week.

Dr. Shadrach Gonqueh, the owner of Amazing Family Dental in Indianapolis, is accused of overbilling Medicaid for multiple procedures performed on 158 patients, according to a licensing complaint filed by the Indiana Attorney General’s Office.

The complaint, which reviewed Gonqueh’s Medicaid transactions between 2012 and 2014, states that he received more than $27,000 in Medicaid reimbursements during that time period. He’ll face a disciplinary hearing Friday morning before the Indiana State Board of Dentistry.

According to the complaint, Gonqueh allegedly “obtained payment from the Medicaid program by means of a false or misleading oral or written statement or other fraudulent means as evidenced by his pattern of billing Medicaid for multiple services when only one service could be properly billed.”

The complaint goes on to state that Gonqueh’s actions resulted in overpayment of $27,372.98.

The Indiana Attorney General’s office filed that complaint in March of this year.

But an I-Team 8 investigation found there have been well-documented allegations, malpractice lawsuits and consumer complaints dating back to 2012 that accuse Dr. Gonqueh of performing unnecessary procedures. Some patients claim he removed dozens of their teeth unnecessarily or performed procedures that were not warranted.

When I-Team 8 pressed Indiana Attorney General Greg Zoeller for an explanation, Zoeller said the following:

“By the time we got a consumer complaint – see, our office wouldn’t have the authority to go to the (State Board of Dentistry) until we had that, and then once we started to investigate and find say let’s say – additional harm – then I think it was appropriate. But we have to work with the board and ask them ‘What type of case would like? Is this the type of case where we should seek a summary suspension?’ So it’s not exactly like a court where we are the prosecutor and make those determinations. We work with the board. These are professionals and they usually send someone to review with us and then we have to make the collective decision on what charges to bring and what the board wants to hear.”

When asked to confirm that despite the past complaints and allegations that neither the board nor the attorney general’s office had sought to suspend Gonqueh’s license, Zoeller said: “That’s right.”

Nicholas Goodwin, a spokesman for the board, said that while the board may confer with the attorney general on cases, Zoeller’s office has the ultimate say on which charges are presented.

Consumer Complaints

Through a series of open records requests and interviews with former patients,I-Team 8’s investigation uncovered consumer complaints that have been filed with the Indiana Attorney General’s Office against Dr. Gonqueh.

The most recent was filed last month by the board of dentistry based on our original report.

It states: “WISH-TV aired a story… indicating Dr. Gonqueh has been billing for dental procedures not performed and scaring patients into having treatment in the form of extractions that may not be necessary by telling them they will have a heart attack and die if they do not have the teeth removed.”

Our report chronicled the account of former patient Kyong Farnsley.

During a 2012 visit to Dr. Gonqueh’s office, Farnsley says Gonqueh told her she needed to have all of her bottom teeth extracted in order to save her from a potentially deadly infection.

“He said the infection was so bad, that if I didn’t have them pulled out, I could walk out and have a heart attack and die,” Farnsley told I-Team 8 during a recent interview. “It’s very traumatic to have all your teeth pulled out at once.”

Farnsley is now one of five former patients suing Dr. Gonqueh.

The active malpractice lawsuits against him and his practice, Amazing Family Dental, claim his office engaged in artifice “to make its patients believe that they were in imminent danger and needed to immediately have all their teeth pulled and replaced with dentures or else risk suffering permanent damage to their cardiovascular system and/or risk death by suffering a heart attack.”

The board filed a similar complaint against Gonqueh in April of 2013.

The complaint reads: “It is the board’s belief that Dr. Gonqueh has not kept up with the standards of care in his dental practice as evidenced by pulling 32 teeth from a patient without the consent of the patient.”

Neither of those complaints filed by the board resulted in any sanctions against Gonqueh, according to I-Team 8’s review of minutes from five years worth of dental board hearings.

A third consumer complaint was filed by former patient Aaron Pacentine in May of 2013.

Pacentine’s dental records, which he shared with I-Team 8, show that he went to Gonqueh’s office in March of 2013 complaining of some pain in one tooth. His records note that an exam by “Dr. G” revealed “nothing too suspicious with #3 except that the tooth has an existing large filling in it, but no decay was noted.”

A proposed treatment plan from Gonqueh’s office recommended he received $1,300 worth of work. His records show he received at least 10 fillings over the next two visits, March 11, 2013 and March 20, 2013.

As a disabled filmmaker with a cognitive disorder, Pacentine told I-Team 8 he was worried he would not be able to pay for it.

“They were like, ‘You’re a Medicaid patient and we’re taking care of it,’ so it’s going to be fine,” Pacentine said.

After receiving his treatment there, Pacentine said less than a month later he went back to his original dentist in South Carolina, who noted in his chart that the “patient had 10 amalgam fillings placed with severe over hangs.” The dentist recommended that the fillings be replaced.

Pacentine said he also received surprising news.

“I was basically told that I didn’t have any cavities at all and they messed up some of my teeth in the process, so that was just not good,” Pacentine said.

It was then, in May of 2013, that Pacentine said he filed a consumer complaint with the attorney general. But after 10 months of exchanging emails with a deputy attorney general handling his case, he received another email telling him that his case was being closed because a faculty member at the IU School of Dentistry “reviewed your records from both Dr. Gonqueh and in South Carolina. He could find no evidence whatsoever that the restorations placed by Dr. Gonqueh were placed improperly.”

But during a brief telephone interview in April, Gonqueh told I-Team 8 that “this story is nothing new, and I will refer you to my attorney for any further comments. I think you are looking for something where there is nothing.”

At the time, Pogue released a statement defending the dentist’s treatments as “medically appropriate.”

The full statement reads as follows:

“Amazing Family Dental, and its dentist, is aware of the recent filings by a few patients and the Attorney General’s Office. These claims arise out of treatment from several years ago. Amazing Family Dental and its dentist is vigorously defending each of these claims as they proceed through the appropriate legal venue, and Amazing Family Dental and its dentist intend to avail itself of all appropriate legal defenses. Amazing Family Dental and its dentist maintain that the treatment of each patient is medically appropriate and within the appropriate standard of care, and Amazing Family Dental and its dentist look forward to the opportunity to present the defense to these claims at the appropriate time and in the appropriate forum. Beyond that, Amazing Family Dental and its dentist do not feel that it is appropriate to comment on pending legal matters.”

In the days leading up to our first story, Eslinger made repeated calls and emails to I-Team 8 and later released a separate statement that said, in part, that “expert witnesses” contend that Dr. Gonqueh did nothing wrong.

95 Indiana dentists flagged with ‘questionable billing’

Dr. Gonqueh is also among 94 other Indiana dentists listed in a federal report as having “questionable billing” practices.

The report was released in November by the Office of Inspector General from the U.S. Department of Health and Human Services.

In it, federal inspectors note that “our findings raise concerns that certain providers may be billing for services that are not medically necessary or were never provided. They also raise concerns about the quality of care provided to children with Medicaid. Although our findings do not prove that providers either billed fraudulently or provided medically unnecessary services, providers who bill for extremely large numbers of services warrant further scrutiny.”

The report itself does not identify those dentists, but supporting documents obtained by I-Team 8 through a Freedom of Information Act request show that Dr. Gonqueh is among the 95 dentists investigated.

The report’s findings also indicated that 94 general dentists and one oral surgeon in Indiana were paid $30.5 million in Medicaid reimbursements for pediatric dental services in 2012, stating that those dentists “received extremely high payments per child; provided an extremely large number of services per day; provided an extremely large number of services per child per visit; and provided certain selected services to an extremely high proportion of children.

“Notably, two-thirds of the general dentists with questionable billing worked for four dental chains in Indiana,” the report states. “A concentration of such providers in chains raises concerns that these chains may be encouraging their providers to perform unnecessary procedures to increase profits.”

As of April 2, 2015, those dentists and an oral surgeon, whose names are listed inthe PDF viewable in our previous report, were under investigation by the U.S. Department of Health and Human Services Office of the Inspector General. The list has been turned over to the Centers for Medicare and Medicaid Services, but a spokeswoman would not confirm or deny the existence of its investigation.

Medicaid director: Some dentists cleared of wrongdoing

A number of the dentists named in the federal report remain under investigation by state and federal agencies.

The problem is that it’s not clear how many remain under investigation.

Indiana Family & Social Services Administration has said that “some” of the dentists on the list have been cleared of wrongdoing.

“We can’t speak to the specifics of the list or how many are under investigation, but what we can say is that some have been cleared,” said Joe Moser, Indiana’s Medicaid director.

Moser told I-Team 8 that some of the dentists named warrant further scrutiny but that others were “flagged inappropriately” by federal investigators because they misunderstood Indiana’s Medicaid policy, which allows –- as Moser poined out -– for several hygienists in one clinical setting to bill Medicaid for several procedures using a single dentist’s provider number.

When pressed further for a figure, Moser acknowledged that “some” of the dentists remain under scrutiny by the state. Moser said that he “could not identify the number for you do to ongoing nature of the scrutiny that we are providing to them.”

Moser did provide I-Team 8 with a copy of a cover letter sent to the Office of Inspector General, noting that the state has sought to increase oversight through performing desk audits and onsite visits.

“Providers have been asked to justify prior billed claims, especially with respect to behavior management. Often providers have identified sufficient practices and safeguards to ensure compliance. Providers who have not done so have been re-trained on correct billing practices and, in some cases, subject to further scrutiny,” the letter states.

It goes on to say that “as issues are identified, appropriate action has been taken pursuant to Indiana’s program integrity procedures.”

]]>http://wishtv.com/2015/06/02/indiana-dentist-accused-of-medicaid-fraud-faces-disciplinary-hearing/feed/0Fri, 31 Jul 2015 02:40:35 +0000Dental tools dentistwishajcolleyHealth commissioner extends needle exchange in HIV embattled countyhttp://wishtv.com/2015/05/21/health-commissioner-extends-needle-exchange-in-hiv-embattled-county/
http://wishtv.com/2015/05/21/health-commissioner-extends-needle-exchange-in-hiv-embattled-county/#commentsThu, 21 May 2015 16:32:09 +0000http://wishtv.com/?p=156644]]>INDIANAPOLIS (WISH) — A government-run needle exchange in Scott County — intended to stop the worst outbreak of HIV in Indiana history — will be extended through May 2016, state health commissioner Jerome Adams announced in a letter to the Scott County commissioners Thursday.

The letter reads:

“Dear Commissioners: I received your second letter dated May 20, 2015, containing the additional information that I requested. Pursuant to your request and the authority provided under SEA 461, I am declaring a public health emergency for Scott County for the period May 25, 2015 through May 24, 2016.”

Scott County commissioners voted unanimously Wednesday in favor of a request that would have extended the needle exchange in Scott County for another year. But their first letter sent to the Indiana State Health Department Wednesday morning failed to include language that specifically asks the state health commissioner to declare a public health emergency, which is required under the new state law permitting needle exchanges.

In a second letter sent to the Indiana State Health Department Wednesday afternoon, the Scott County commissioners corrected that omission, writing: “Under SEA 461, we respectfully request that you declare a public health emergency in Scott County, allowing for the continuation of the needle exchange starting on 5/25/2015 and running through May 24, 2016 with the ability to renew annually.”

The commissioners’ letter also addressed the outbreak:

“Since the onset of the outbreak, the Scott County Health Department has worked with local partners and state health officials to address the injection drug use problem and subsequent transmission of HIV and Hepatitis C through proven interventions including community outreach and education, counseling and testing services, partner services and community clean up events. Despite these efforts, the instances of transmission continued.”

Figures released Tuesday by state health officials show that 158 people have tested positive for HIV. 157 of those cases were confirmed, and one person’s positive test was listed as preliminary. With nearly 160 people infected, that’s more than 50 times the county’s normal HIV infection rate, according to an analysis by I-Team 8.

I-Team 8 spent weeks investigating the effectiveness of needle exchanges. Our special report exposed underground needles exchanges in Indiana and aired just days before state lawmakers agreed to adopt a bill that would expand needles exchanges in counties experiencing an epidemic of HIV or Hepatitis C. You can watch that report here.

INDIANAPOLIS (WISH) – Jennifer Perkins says she feels like she’s on a roller coaster – even while standing still.

Perkins suffers from tuberous sclerosis, a medical condition that’s left small, potato-shaped tumors all over her body, including her brain and kidneys.

Perkins, who shared copies of her medical records with I-Team 8, believes the tumors might be the source of her frequent dizzy spells and seizures.

Her husband, Aaron, posted videos of Jennifer to the online crowdfunding website GoFundMe.The videos, he says, show Jennifer having seizures in their Indianapolis home.

The couple’s GoFundMe page asks members of the public to give them money in hopes of finding medical marijuana treatment outside of Indiana, where it remains illegal.

“The problem is she is suffering from severe five to 10 minute seizures on a regular basis,” he writes. “I am trying to relocate her to a medical marijuana state to get her on a high cbd strain of medical marijuana. I work, but I make only enough to pay the bills.”

“I’m 49 years old and I am tired of feeling this way,” Perkins told I-Team 8. “I want to try and see if it will help me.”

An I-Team 8 investigation found they’re not alone. In fact, thousands of people across the country – including many Hoosiers – have taken to online crowdfunding websites like GoFundMe or IndieGoGo asking the public for money in order to gain access to – or foster support for – marijuana, which is still an illegal drug in most states.

Purdue University bio-engineering student Chris Thompson is among them. His GoFundMe page seeks to raise $5,000.

As of May 18, he had garnered more than $3,500. Thompson told donors he plans to use the money for living expenses during an unpaid internship this summer in Colorado working with NORML, or the National Organization for the Reform of Marijuana Laws.

“Advocacy is kind of like my main priority while engineering and college is kind of like my second,” Thompson said. “I realized about halfway through college that I would rather start a marijuana company in Denver and be in activism rather than just be in an engineering firm the rest of my life.”

During a lengthy interview, Thompson said his arrest for marijuana possession while at Purdue inspired him to help start a local NORML chapter on Purdue’s campus, which is now a university-approved club with faculty advisers. He has also since helped start local chapters at Indiana University and Ball State University.

“(My) kind of dream is to be – or create the kind of Budweiser or the Coca-Cola of the cannabis industry,” Thompson said.

Thompson denied that he currently uses marijuana, saying “he didn’t want to risk it.” He did acknowledge the irony of his position and the fact that his room is filled with posters, news articles and bumper stickers indicating he does support legalization.

“I’d like to see full medical and recreational legalization all over the country,” Thompson said.

I-Team 8 reached out to GoFundMe officials to ask about its policies with respect to public donations for illegal substances, but our email was not returned.

LAWMAKERS’ EFFORTS FALL FLAT

Indiana State Sen. Karen Tallian, D–District 4, has sponsored marijuana legislation in the Indiana Statehouse before. This spring, a bill she sponsored that would have legalized medical marijuana in Indiana died in committee.

In fact, four other bills (SB 284, HB 1487, HB 1387, SB 485) that sought to expand access to either medical marijuana or cannabis oil died in the Indiana legislature without a committee hearing, according to state legislature records reviewed by I-Team 8.

Tallian claims there is support among her colleagues, even if the roll calls don’t indicate it.

“We just haven’t given (lawmakers) an opportunity to vote on it because the gatekeepers say ‘no,’” Tallian said.

Tallian, who announced weeks after her interview with I-Team 8 that she wanted to run for governor, said that many lawmakers need to become “more comfortable” talking about marijuana if any bill is going to advance in the Republican-controlled legislature.

“I graduated in 1968 from the University of Chicago where if you weren’t smoking pot… well, everybody smoked pot. And those people are not junkies today,” Tallian said, adding that many of her former classmates were in prominent business positions and positions of power.

DATA OUT OF COLORADO ‘NOT GOOD’

David Powell with the Indiana Prosecuting Attorneys’ Council often works to lobby against Tallian’s efforts.

“There always should be great concern when you want to legalize another intoxicant or substance that can be more available,” Powell told I-Team 8.

Powell admits he doesn’t have to lobby hard against pro-marijuana bills given that Indiana is a conservative state.

“There will be a price paid if we legalize marijuana, paid by individuals who misuse it or take it by mistake. We have to decide if we are willing to deal with that,” Powell said. “I think it is wise to watch our neighbors and see what the consequences are before taking any action.

Our laws are good tools in Indiana. We know how to use them. And just because you buy your pot in Colorado and sneak it home or you get some pot out of Michigan doesn’t mean we can’t prosecute you for it.”

Powell also points to recent data published by the Rocky Mountain High Intensity Drug Trafficking Area, a consortium of federal prosecutors and law enforcement personnel from Colorado, Utah, Montana and Wyoming.

The group’s study, entitled “The Legalization of Marijuana in Colorado: The Impact” is available online and points to statistics that Colorado’s legalization of both recreational and medical marijuana has led to increases in impaired driving, children and pets being exposed to marijuana edibles and increased drug-related suspensions and expulsions from schools.

Read the full study here:

(REPORT CONTINUES BELOW DOCUMENT)

“If you look at the data coming out of Colorado especially on children and pets, it’s not good in terms of marijuana legalization,” Powell said.

ACCESS INCREASING

A four-year medical marijuana pilot program is underway in Illinois.

While the state’s process has been highly regulated, even cannabis advocates like Feliza Castro argue that’s not “a bad thing.”

“Illinois opted to create a very stringent program for many reasons, for good reasons. They wanted to avoid pitfalls that have been seen in other states that have had a lot looser programs and looser laws with more gray areas. And they wanted to avoid that,” Castro said.

“We want to help get those patients access to medical cannabis because they want it and they need it. They deserve it.”

Castro is the founder and owner of the The Healing Clinic, one of a growing number of clinics popping up in the Chicago area. So far, Castro says she’s registered nearly 200 patients for their medical marijuana cards.

State-approved dispensaries and marijuana cultivators are not yet fully operational and likely won’t be until the late fall of 2015 or early next year, she says.

“It’s very important for patients to get registered right now, especially because the Illinois Department of Public Health has created a division of medical cannabis to handle patient application, to get patients through the application process, to approve patients,” Castro said.

Earlier this month, a state regulatory board in Illinois approved the use of the medical marijuana for 11 diseases and conditions, but those conditions still need to be approved by the state health director.

The website for the Illinois Department of Public Health notes:

“However, before patient registration applications can be accepted for any new conditions or diseases, the director of the Illinois Department of Public Health (IDPH) must approve recommendations made by the Board, and IDPH must draft rules to add those conditions and diseases. Applications submitted prior to the 11 recommended conditions being added to the program will be rejected and the application fee refunded. The Department strongly encourages patients to wait before sending applications associated with the 11 recommended conditions and diseases. Please monitor this webpage as to when applications will be accepted.”

Given the current delay, Castro says she has told patients they can seek medical marijuana in other states like Michigan, which approved medical marijuana in 2008.

But seeking medical marijuana still comes with a risk, according to both advocates and opponents. Transporting the marijuana would be considered illegal – especially in a state like Indiana where both recreational and medicinal marijuana remain illegal, Powell said.

Despite the current delay in access to medical marijuana in her states, Castro believes that her clientele base will grow.

“We assume that there will be people uprooting from Indiana and moving to Illinois seeking medical cannabis. And we want to let people know that we are there to help those people, and that we want to help get those patients access to medical cannabis because they want it and they need it. They deserve it,” Castro said.

HOOSIER SURVEY

In a 2013 Hoosier Survey conducted by WISH-TV and Ball State University, 53 percent of Hoosiers supported decriminalizing marijuana by making it legal to hold small quantities. The survey also found that Hoosiers support regulating the substance like alcohol or tobacco by a margin of 52 to 45 percent.

Politically, 64 percent of Democrats polled were in favor of this, but even Republican showed support at 49 percent, the survey found.

When the question was posed as to whether Indiana should tax marijuana like cigarettes, support rose to 78 percent among all Hoosiers, with virtually no variation between political parties.

See the full survey here:

(REPORT CONTINUES BELOW DOCUMENT)

LAW ENFORCEMENT NOT CONCERNED

DEA officals told I-Team 8 that the agency was not as concerned with Indiana residents seeking money online to gain access to marijuana or transporting it out of state because the DEA’s top priority remains combating the transport of harder drugs like heroin and prescription narcotics.

An Indiana State Police spokesman declined to be interviewed on camera for this report. But when asked if state police had taken any precautions or considerations in light of the increased access to marijuana in Illinois and Michigan, the spokesman said, “no” adding that the drug still remains illegal in Indiana despite changes to laws in other states.

GUINEA PIG

Jennifer Perkins admits she’s tried marijuana before, but doesn’t consider herself a user. But during her initial lengthy interview with I-Team 8 in April, Perkins says she was willing to be a “guinea pig” if it would help quell her seizures.

“I can’t say that I haven’t because in the past I have, but it’s been a while. I don’t want to do it now because Indiana is a state that you can’t do it. I don’t want to take a chance of being in jail,” Perkins said.

As of May 19, Perkins and her husband, Aaron, had posted updates to her Facebook page, including a video of her trying cannabis oil in Oregon.

The headline above the video reads: “My first dosage to help my seizures…”

So in August 2012 when she walked into Amazing Family Dental in Indianapolis, she says she expected to have an initial exam and a treatment plan set up.

Farnsley says she walked out with half her teeth.

“(The dentist) proceeded to do the exam and told me I had an infection in my mouth and that some of my teeth were infected. He would need to pull them,” Farnsley told I-Team 8. “He said the infection was so bad that if I didn’t have (my teeth) pulled out, I could walk out and have a heart attack and die. I had never heard that before.”

“If he says it’s that severe and I’m going to die, I am going to trust him.”

Fearing for her health, Farnsley said she gave consent for Dr. Shadrach Gonqueh to perform the procedure. A copy of her dental records, obtained by I-Team 8, show 15 of her teeth were extracted.

“If he says it’s that severe and I’m going to die, I am going to trust him. I have two small boys at home. I can’t leave them. I am a single mom at that time; I can’t leave them,” she said.

Afterward, Farnlsey said she was given pain medication but no antibiotics. She left, she says, thinking she would eventually receive dentures. As weeks went by, she sought a second opinion from a new dentist who she says told her the procedure she endured was unnecessary.

Farnsley’s story is not unique. She is currently one of five former patients suing Dr. Gonqueh. Another lawsuit representing three former patients claims Dr. Gonqueh made them “believe that they were in imminent danger and needed to immediately have all their teeth pulled … or risk death by suffering a heart attack,” according to the lawsuit.

An I-Team 8 investigation found allegations of “dental overtreatment” or unnecessary work is not uncommon. In fact, it makes up nearly a third of the 44 active licensing complaints against Indiana dentists, according to Indiana Attorney General Greg Zoeller’s office.

In March, Zoeller’s office filed a licensing complaint against Dr. Gonqueh, accusing him of engaging in fraud by overbilling and receiving more than $27,000 in reimbursements for procedures performed on 158 patients.

“The Board of Dentistry is expected to consider this complaint at its hearing on June 5. At that time, the board will act as jury and judge to determine what, if any, disciplinary action will be taken against the license holder,” Molly Johnson, a spokeswoman for Zoeller’s office, wrote in an email to I-Team 8.

DENTIST REACTS

I-Team 8 spoke to Dr. Gonqueh by phone at his Raymond Street office, where he is still practicing. After a reporter identified himself and informed Gonqueh that he was recording the conversation for his news report, Gonqueh declined to answer questions, but did say:

“This story is nothing new,” Gonqueh said. “And I will refer you to my attorney for any further comments. I think you are looking for something where there is nothing.”

Gonqueh’s attorney, Peter Pogue, provided a statement that read:

“Amazing Family Dental, and its dentist, is aware of the recent filings by a few patients and the Attorney General’s Office. These claims arise out of treatment from several years ago. Amazing Family Dental and its dentist is vigorously defending each of these claims as they proceed through the appropriate legal venue, and Amazing Family Dental and its dentist intend to avail itself of all appropriate legal defenses. Amazing Family Dental and its dentist maintain that the treatment of each patient is medically appropriate and within the appropriate standard of care, and Amazing Family Dental and its dentist look forward to the opportunity to present the defense to these claims at the appropriate time and in the appropriate forum. Beyond that, Amazing Family Dental and its dentist do not feel that it is appropriate to comment on pending legal matters.”

(Editor’s note: In the days leading up to this story, I-Team 8 received repeated phone calls from another lawyer, Steve Eslinger of South Bend, who claims to also represent Gonqueh.)

Eslinger’s statement said in part that “expert witnesses” contend that Dr. Gonqueh did nothing wrong.

INSPECTOR GENERAL FINDS ‘QUESTIONABLE BILLING’

Last November, the Office of Inspector General from the U.S. Department of Health and Human Services issued a report on pediatric dentistry in Indiana that found “questionable billing practices” among 95 dentists in the state.

Among the other findings were “concerns that certain providers may be billing for services that are not medically necessary or were never provided.”

The report itself does not identify those dentists, but supporting documents obtained by I-Team 8 through a Freedom of Information Act request show that Dr. Gonqueh is among the 95 dentists investigated.

The report’s findings indicate that 94 general dentists and one oral surgeon in Indiana were paid $30.5 million in Medicaid reimbursements for pediatric dental services in 2012. As of April 2, 2015 those dentists and an oral surgeon, whose names are listed in the PDF see below, are under investigation by the Department of Health and Human Services Office of the Inspector General for questionable billing practices.

(ZOOM IN TO READ. REPORT CONTINUES BELOW DOCUMENT)

The report also found those dentists “received extremely high payments per child; provided an extremely large number of services per day; provided an extremely large number of services per child per visit; and provided certain selected services to an extremely high proportion of children.”

It goes on to say, “although our findings do not prove that providers either billed fraudulently or provided medically unnecessary services, providers who bill for extremely large numbers of services warrant further scrutiny.”

UPDATE May 20, 2015: State officials also have been looking into this. A spokeswoman for Indiana Family & Social Services Administration told I-Team 8 that state policies led Indiana dentists to bill Medicaid in ways the federal government questioned, and that state officials believe many dentists the federal government identified did nothing wrong. The Department of Health and Human Services Office of the Inspector General says they also turned over the list above to the Center for Medicaid and Medicare Services for further investigation, although a CMS spokeswoman would not confirm or deny if an investigation is ongoing.

HUNDREDS OF COMPLAINTS

Johnson with the Indiana Attorney General’s office said their office’s licensing complaint against Gonqueh was not prompted by the federal inspector general’s report.

Consumer Resources

“The Attorney General’s Office derives its investigative authority from consumer complaints filed against license holders. The AG’s Office investigates all complaints filed by consumers with the Office against licensed professionals for potential wrongdoing. If a consumer is concerned about the practices of a license holder, he or she can file a complaint by visiting www.IndianaConsumer.com or calling 1-800-382-5516,” Johnson wrote in an email.

Over the past two years, Johnson said the Indiana Attorney General has received 273 dental complaints from consumers. As of May 12, the office has 44 active licensing complaint.

About 30 percent of those, she said, “are in regard to overtreatment or alleged unneeded procedures. As these cases are still open and under investigation, the details of all complaints remain confidential.”

LONG ROAD

Three years after her trip to the dentist, Kyong Farnsley’s legal case has yet to see the inside of an Indiana courtroom.

Why?

Both Gonqueh’s attorney, Peter Pogue, and Farnsley’s attorney, Kelley Johnson, acknowledge that under Indiana law, the case must first be heard before the state Department of Insurance, where a panel of dentists will determine if Gonqueh met the standard of care.

“We are not close yet. I expect another year in the medical review panel process before we can actually still bring the case to state court. It’s a long road,” Johnson said.

Wade Fulford with the Indiana Department of Insurance told I-Team 8 that often delays are caused by attorneys wrangling over evidence or the selection process of the dentists who will sit on the panel.

Of the three pending malpractice lawsuits against Gongueh, only one has selected a panel to hear the case, Fulford said.

He said that process can often take months.

Generally, if a panel were to rule in favor of a dentist, Johnson said, it is often very hard for those cases to succeed for the patients in state court because the panel’s decision would be considered expert testimony.

“If that’s the image you have of what it’s like to go to the dentist you are more than likely to avoid going.”

“It absolutely could be used as evidence,” she said.

CHILLING EFFECT AND PEER REVIEW

Doug Bush, executive director of the Indiana Dental Association, could not speak to Gonqueh’s case specifically, but said those types of cases should be considered outliers. He mentioned that news coverage of them can also create a chilling effect among prospective patients.

“Those bad actors hurt the entire profession. And it also scares patients. I mean if that’s the image you have of what it’s like to go to the dentist you are more than likely to avoid going to the dentist,” Bush said.

In an effort to help quell that concern, Bush said his members have asked him to talk directly about dental ethics.

The IDA also has a process known as “peer review,” which works to settle disputes between patients and dentists before they enter the courtroom. More information on that can be found by clicking here.

Bush said if patients have concerns about their dental care, they can always seek a second opinion.

“He shouldn’t be a dentist anymore.”

“If the doctor that is giving you this treatment responds negatively to you saying, ‘Let me seek a second opinion,’ then run to another dentist because most dentists are not going to be offended at all,” Bush said.

THE WAITING

Kyong Farnsley said her experience cost her friendships and relationships, and she fears she’ll need dental implants to prevent her jawline from diminishing — something she says won’t be covered by insurance.

“It’s really scary,” she said. “Regardless, he shouldn’t be a dentist anymore.”

INDIANAPOLIS (WISH) — A new audit report delivers a scathing review of Indiana’s Bureau of Motor Vehicles, finding that the agency overcharged and undercharged Indiana drivers because of a massive lack of oversight, weak internal controls and lax monitoring that allowed employees to change potential discrepancies without supervision.

The audit, performed by the independent accounting firm BKD, found that “control gaps and deficiencies identified within the BMV’s internal control systems permitted the condition for transactional errors to occur.” It goes on to state: “sufficient monitoring controls to ensure all refunds are appropriately issued are nonexistent…”

The BMV is the state’s second largest agency, responsible for collecting more than 1,200 unique fees and taxes and distributing them to other state agencies.

The release of the audit Monday follows years-worth of reporting by I-Team 8, which has chronicled the scandal over how the BMV overcharged Indiana drivers by nearly $60 million in fees and taxes. The issue has led to lawsuits which forced the agency to release a series of refunds to Hoosiers. The BMV also claims it has – at times – undercharged drivers, but has not sought repayments.

Last December, the BMV agreed to pay BKD up to $100,000 to perform an assessment of the agency.

The audit report released Monday specifically notes that – among the main issues – several employees had access to computer programs that control all the fees and transactions being processed. It goes on to state that one manager was able to make a change to a fee amount when a discrepancy was noted between the BMV manual and state law. The manager was able to edit the electronic manual without “any additional interpretation, oversight or internal review for appropriateness,” the auditors noted.

The report went on to state:

BKD determined that a number of people, including the former CIO, had access to edit values on the Master Fee Table. Because the data contained on the Master Fee Table is the basis for transactional process, access should be very limited to only a few individuals. BKD could not obtain a Master Fee Table File Maintenance Report, demonstrating the logging of additions/deletions/revisions of all BMV fees. Without the logging of these events, BMV management cannot actively monitor changes for appropriateness.

The report also hinted that some of those edits may have occurred while auditors were examining the agency.

“Simultaneous to our review, updates were being made by BMV associates to the Master Fee Table without our knowledge. Upon our discovery, we were unable to adequately determine what fields had been updated or the extent of the changes due to poor information technology change management processes and controls…,” auditors wrote.

Among the other findings in the report:

— Language authorizing the BMV to collect fees and taxes is “ambiguous and very complex.” Auditors urged the BMV to work with the Indiana legislature to review, reduce and simplify the overall Code structure for fees and taxes.

There is no centralized oversight of ongoing compliance with state law

The agency is using servers from 2008 to run its main computer application, STARS, which stands for System Tracking and Record Support, and is responsible for all transactions processed.

There’s no long-term information technology strategy in place.

The BMV’s central office has not been the subject of an internal audit for a number of years.

While harsh in totality, the report does commend the BMV for “proactively working to identify potential issues.”

In a statement released to I-Team 8, BMV Commissioner Kent Abernathy, said: “Necessary internal improvements have begun, which include the hiring of a Chief of Staff, adding a new Chief Information Officer and the formation of a Central Office Internal Audit Team. Now, with the assessment complete, we have a benchmark of where we are and how we will move forward. It’s time to proactively change the way we do business…”

]]>http://wishtv.com/2015/05/11/audit-bmv-errors-due-to-lax-controls-lack-of-oversight/feed/0Mon, 11 May 2015 23:01:21 +0000Bureau of Motor Vehicles BMVwishbennetthaeberleNew safety requirements coming to tank cars that carry flammable liquidshttp://wishtv.com/2015/05/04/new-safety-requirements-coming-to-tank-cars-that-carry-flammable-liquids/
http://wishtv.com/2015/05/04/new-safety-requirements-coming-to-tank-cars-that-carry-flammable-liquids/#commentsMon, 04 May 2015 22:08:18 +0000http://wishtv.com/?p=143647]]>INDIANAPOLIS (WISH) – The Department of Transportation is giving companies three years to make safety improvements to a fleet of rail cars that often carry Bakken crude oil through Indiana. The move comes after fiery derailments in West Virginia and Canada raised safety concerns.

]]>http://wishtv.com/2015/05/04/new-safety-requirements-coming-to-tank-cars-that-carry-flammable-liquids/feed/0Mon, 04 May 2015 22:08:18 +0000Indianapolis - DOT 111 A Near Lucas Oil StadiumwishloniblandfordGuardrail maker receives subpoena from Department of Justicehttp://wishtv.com/2015/04/30/guardrail-maker-receives-subpoena-from-department-of-justice/
http://wishtv.com/2015/04/30/guardrail-maker-receives-subpoena-from-department-of-justice/#commentsFri, 01 May 2015 00:06:47 +0000http://wishtv.com/?p=141050]]>INDIANAPOLIS (WISH) — The Texas-based company that manufactures a widely criticized guardrail system is now the subject of another federal investigation, this time by the Department of Justice, I-Team 8 has learned.

While a spokeswoman for the Department of Justice would not confirm or deny the existence of the investigation, documents filed this week with the Securities Exchange Commission show that the guardrail company, Trinity Industries, received a subpoena on Tuesday from the U.S. Department of Justice through the U.S. Attorney of Massachusetts, seeking 16 years worth of documents related to the ET 2000 and ET Plus guardrails.

The latter of the two, the ET-Plus, was the subject of a massive whistle-blower lawsuit last year that ended with a Texas jury awarding a $175 million verdict to Joshua Harman, a guardrail competitor who blew the whistle on Trinity.

Harman alleged that Trinity failed to disclose a design change in 2005 to the Federal Highway Administration. Trinity, like many manufacturers, receives federal reimbursement funds when its devices are installed. The FHWA has since confirmed to reporters that Trinity failed to disclose the change.

That design change, lawsuits allege, can cause the guardrail head to jam up, forcing the metal guardrail to spear through cars and leading to reported deaths and injuries in several states.

All along, Trinity has defended its product, saying it remains approved by the federal government.

But Harman’s lawsuit prompted the company to withhold future shipments of the devices and led the FHWA to launch its own inquiry late last year. Last month, the FHWA confirmed that Trinity’s ET-Plus had passed a series of eight crash tests designed to re-examine if the devices were safe for U.S. highways. The FHWA’s examination of the devices continues and likely won’t conclude until mid-summer.

According to documents filed and obtained by I-Team 8 this week, Trinity claims it plans to cooperate with the Department of Justice’s probe. The SEC filing reads as follows:

“On April 28, 2015, Trinity Industries, Inc. (the “Company”) received a subpoena from the U.S. Department of Justice through the U.S. Attorney for the District of Massachusetts. The subpoena requests documents from 1999 through the present relating to the ET 2000 and ET Plus guardrail end-terminal products. The Company intends to cooperate with this request. The Company is also aware that multiple law firms have recently filed purported class action lawsuits against the Company and certain of its officers alleging violations of the federal securities laws related to its disclosures regarding the ET Plus guardrail end-terminal. The Company believes each of these lawsuits is without merit and intends to vigorously defend against all allegations. Additional lawsuits making similar or related allegations may be filed against the Company and/or its officers and directors.”

Indiana has more than 4,000 ET-Plus units on its highways and interstates. As I-Team 8 previously reported, while more than 32 states have banned the installation of the guardrails, Indiana has not. In fact, I-Team 8 has found that Indiana Department of Transportation crews continue to repair and replace damaged ET-Plus guardrails even while a Federal Highway Administration investigation is ongoing.

An email seeking a response from an INDOT spokesman on this latest federal inquiry was not returned Thursday.

INDIANAPOLIS (WISH) — New data shows concerns are growing about the stability of hundreds of Indiana dams already labeled as high risk. At least 85 percent of the aging structures have known deficiencies, some of which may require emergency fixes, an analysis by I-Team 8 found.

The data was compiled on more than 1,100 Hoosier dams that hold back millions of gallons of water on Indiana lakes, rivers and streams. The dams range in height from about 10 feet to more than 10 stories tall. Their average age is now approaching 50 years old. More than 70 percent of them are privately owned.

And, many have little to no emergency planning surrounding them.

‘IT JUST GAVE WAY’

When the rain began in early June 2008, it hit Central Indiana hard, at times dumping more than an inch of water an hour.

Widespread flooding developed across the area, particularly concentrated on areas south of Indianapolis. Some homeowners in southern Johnson County like Joe Remey remembered the 40 foot high dam in the tiny town of Prince’s Lakes being built more than 30 years before.

“I remember it going in,” Remey said, standing on his front porch with the top of the dam visible in the distance. “I didn’t really give much thought to it on my part. Because, it wasn’t going to bother me really. I was across the road.”

Remey, like many of his neighbors, knew the dam was getting old and needed repair work. But, the landowners association decided to delay the expensive fixes.

Camille Cline, who lives just doors down from the spillway, agreed at the time that the delays wouldn’t be a problem.

“From then on, it was pure panic, because the dam had given way.”

“It just never crossed my mind (that it would ever fail),” Cline told I-Team 8. “And, even if it did, I didn’t think of it in terms of doing anything but damaging the park area (below) where they play baseball and such. Anything else just seemed impossible.”

Cline says she still remembers the moment she knew the dam wouldn’t hold.

“I woke up when someone beat on my door, my nephew, and he said: you’ve got five inches on your porch, Aunt Camille! And, from then on, it was pure panic, because the dam had given way,” she said.

The community’s dam on East Lake had over-topped, and water was now gushing 40 feet down the hillside below. Cline says most homeowners weren’t prepared for the damage to come.

“I had new carpet coming in, and it was the day the new carpet was to be laid. So, I had everything packed and moved into one room. It was all under water. And, we were trapped in our homes for two days. We were surrounded by water on both sides. No one was hurt, which is a blessing. But, we lost a lot,” Cline said.

An I-Team 8 investigation found the likelihood of future dam failures similar to or worse than the one in Prince’s Lakes may be growing in Indiana.

STATE OF OUR STRUCTURES

Federal records compiled by the U.S. Army Corps of Engineers and obtained by I-Team 8 show the biggest part of those concerns centers on the increasing age of Hoosier dams. Nearly 60 percent of them were constructed during a nationwide building blitz in the late 1950s and early 1960s. Most were designed for a 50-year lifespan — a mark they’re either nearing or have already passed, according to data analysis by I-Team 8.

Dams in Indiana

Data Courtesy of the National Inventory of Dams supplemented with data from the U.S. Army Corps of Engineers

(WISH Photo)

Dams are split into three categories: high hazard, significant hazard and low hazard.

“If a high hazard dam fails, it’s going to be catastrophic in terms of the effect of that failure,” said Brian McKenna, a professional engineer and dam inspector with Indianapolis-based Christopher B. Burke Engineering, LLC.

It’s one reason why Indiana’s dams were given an overall grade of D- in a recent survey by the American Society of Civil Engineers (ASCE). That’s tied with Kansas, Texas, Missouri and Georgia for the lowest rating in the nation.

McKenna, who was part of the team compiling the data used to create that report card says the grade should be cause for serious concern.

“The primary basis for (the grade) was the percentage of dams that have a satisfactory rating,” he said. “(In Indiana), it’s less than 10 percent that meet satisfactory rating.”

Here’s another way to look at that statement: more than 90 percent of Indiana’s dams have some type of known deficiency.

That’s 5 percent worse that just one year ago, according to data from the National Inventory of Dams (NID), which listed 41 of the state’s 272 high hazard dams as satisfactory in 2013. The remaining 85 percent of Indiana’s dams were listed in fair, poor or unsatisfactory condition. Five high hazard dams were not rated in the 2013 inventory.

“If there is something that goes wrong in one of those, the potential for large, catastrophic consequences is pretty significant.”

That doesn’t mean all 90 percent of Indiana’s unsatisfactory dams are at risk of imminent failure, McKenna said. But, it does mean the state is well aware that most of its dams are in need of repairs. And, the longer they go without repairs — or replacement — the bigger the risk.

For those in the high hazard category, that risk includes loss of property and loss of life.

“There certainly are some out there that, if we got a large enough rainfall event, we could potentially see some failures,” McKenna said. “There are some (high hazard dams) included. And, the biggest trigger for those would be a major flooding event. If the dam doesn’t have enough spillway capacity then it runs the risk of over-topping during a flooding event. That’s where we see most of the failures occur with dams.”

It’s one reason why McKenna, and other dam safety experts, are speaking up.

“I think there is reason to be concerned about whether there is enough funding and attention going to the dams. Even with a dam that was designed and built perfectly in accordance with current requirements, it’s still going to deteriorate over time and have things that need to be maintained. And, if there is something that goes wrong in one of those, the potential for large, catastrophic consequences is pretty significant,” he said.

NO EMERGENCY PLANS

Seven years after the dam collapsed at Prince’s Lakes, a brand new state-of-the-art concrete dam — with a large, newly constructed spillway — now stands in its place.

But, one thing hasn’t changed there: the lack of a dam emergency action plan, known as an EAP.

I-Team 8 found similar shortfalls in EAPs at other dams across the state, both privately and publicly owned. That’s because Indiana is one of 10 states that does not require dam owners to develop an EAP.

So, most don’t.

Records obtained by I-Team 8 from the U.S. Army Corps of Engineers show just 22 percent of Hoosier dam owners had a current EAP on record in 2013, the last year of available federal records.

That’s the fourth lowest rate in the nation, behind only Alabama, Georgia and Rhode Island.

(REPORT CONTINUES BELOW IMAGE)

Indiana’s Department of Natural Resources refers to the plans as incident emergency action plans (IEAP). Newly updated state records show 70 incident emergency action plans (IEAP) on file at the end of 2014 among the state’s 241 high hazard dams, a rate of 29 percent. Those are the dams that, by definition, have the ability to cause loss of property or loss of life if they were to fail.

Dam safety expert Ron Butler is working to improve those numbers.

“The problem with not having an emergency action plan is: if something causes the dam to fail, the emergency response people don’t have at their fingertips a plan that tells them who to notify and where to get emergency equipment to deal with the problem,” Butler told I-Team 8, speaking from his offices in Missouri.

EAPs are designed to include everyone from first responders and Homeland Security personnel to local farmers and homeowners associations.

Butler, who heads the organization Dam Safety Action, has been a government contractor since 2003, working with the Federal Emergency Management Agency and National Dam Safety Review Board on state programs to boost EAP compliance rates. His organization focuses on states without EAP laws in place.

“It can happen with such force and so quickly that it can kill a lot of people.”

Indiana is at the top of his target list.

“These handful of states where there is not that statutory authority, that’s where you see hundreds of high hazard dams without emergency planning. If you get a torrential rain on a dam that’s already weak or has a problem, it can overtop and go. And, it can happen with such force and so quickly that it can kill a lot of people. So, it’s important to know what to do if that were to happen,” Butler said.

Butler says lack of EAPs in Indiana likely also contributed to the state’s poor preparedness grade on the ASCE report card.

“When you get a grade that low, I think it’s an alarm bell,” Butler said. “There needs to be a look at what can be done. What kind of programs the state can put together to help dam owners improve their dams and repair them? Doing nothing is a dangerous option.”

HANDS ARE TIED

Indiana’s Department of Natural Resources agrees that the low rate of IEAPs among private dam owners is a concern. But, the agency’s dam chief, Kenneth Smith, says without mandatory requirements for the creation of EAPs, the DNR’s hands are tied.

“To me, the creation of them is very critical,” said Smith, whose official title is assistant director of the DNR’s Division of Water. “But, it’s more than just having the document on the shelf. You need to create it, then practice it, then update it every few years. A lot of names, phone numbers and faces change in just a few years.”

Indiana DNR Dam Chief Kenneth Smith. (WISH Photo)

Smith said the DNR, and others, have lobbied for mandatory IEAPs in the past. But, reception among some at the Statehouse has been lukewarm, at best.

Still, while the DNR admits it’s concerned about the low compliance rate for IEAPs in Indiana, Smith said recent progress has been made to improve it.

“I wish the numbers were higher,” he said. “But, I’m thrilled that they’re at the level they’re at right now, considering the level where we started.”

Indiana has also re-focused its efforts on preventing dam disasters in the first place, Smith said.

“Dams are man-made structures. And, they deteriorate just like any other man-made structure. Most dam failures are actually preventable disasters if people begin to take responses early enough along the way,” he said.

INSPECTIONS LAG BEHIND

In its most recent report on Indiana’s dams, the Association of State Dam Safety Officials (ASDSO) lists Indiana’s alignment with national benchmarks for dam inspections at 85 percent in 1989.

By 2014, the reports lists Indiana’s compliance rate at 38 percent.

Smith attributed the drop to “improvement in the questions in ASDSO’s survey over the years,” and said it should not serve as a concern that the state’s inspection program is declining.

On the contrary, he says high hazard dams are getting closer looks now than they were before. That’s because, in 2002, the DNR pushed for a legislative change allowing private owners of dams classified as “high hazard” to hire their own, outside inspectors — work that used to be done by the state.

“Most dam failures are actually preventable disasters.”

“The owners of those dams now hire a private engineering firm to make an inspection and submit a report every two years. I used to have two inspectors to inspect all 1,100 dams in Indiana. That was … an impossible task,” Smith said.

Records show completed inspection forms were filed on 97 of the 241 state-regulated, high-hazard dams in 2014. The ASDSO report shows 64 percent of the high hazard dams were also inspected in 2013.

Smith said the figures could indicate a lag time between inspections.

“Many owners don’t seem to be contracting for the inspections until they are due. So, the exact two-year cycle is often missed,” Smith told I-Team 8.

But, nearly 900 other dams, including hundreds of dams labeled as “significant hazards” are still overseen by the state. They’re supposed to get a thorough inspection at least every three years. But, Smith admits they’re lagging behind.

“I still have two inspectors to inspect (all the remaining dams),” he said. “And, we’re probably 100 behind right now. 50 to 100 behind.”

That’s less of a concern than the high hazard dams, said Butler, of Dam Safety Action. But, as the name implies, those dams still contain significant risks.

“What you worry about with significant hazard dams is that there may be more development coming along down below and they may need to be upgraded to high hazard potential. Without the inspections, you don’t really catch some of that development. There are a lot of things that can go wrong with dams. There can be animals burrowing. There can be vegetation. They really need to be looked at by the owner on a regular basis, at least once a year,” Butler said.

ROLLING THE DICE

But, even regular inspections aren’t foolproof.

“I do believe there are some smaller areas where it doesn’t happen. But, this dam (at Prince’s Lakes) was inspected many times. Inspections won’t save a dam if it needs to be fixed and it isn’t,” said Camille Cline, who watched the Prince’s Lakes dam fail in 2008.

It’s one reason why Cline now preaches preparedness.

“Anything can happen at any time. So, you need to stay prepared. Hope for the best, but stay prepared. It’s time for Indiana to stop rolling the dice,” she said.

Smith, of the DNR, says education is a key component to doing that.

“The most important thing is to know where the dams are around you.”

Because the state doesn’t mandate IEAPs, the DNR has recently begun conducting countywide Emergency Management Agency drills involving dams. The agency also recently spoke to more than 12,000 Indiana real estate agents, empowering them to educate their clients about dams and the responsibilities surrounding them.

“The most important thing is to know where the dams are around you. There may not be a dam at the back fence of your property, but there might be one a couple miles upstream somewhere that’s large enough that, should it go, it could create a problem downstream,” he said.

The majority of the cases from the southern Indiana outbreak stem from intravenous drug use. Advocates interviewed by I-Team 8 claim there is scientific evidence that needle exchanges work to quell the spread of HIV and other infectious diseases.

Pence said he would support this “focused and targeted approach” that would target a health emergency.

The bill will allow local health departments, cities and non-profits the ability to operate a needle exchange if there is an epidemic of HIV or hepatitis C.

Before that occurs, they would have to hold a public hearing and ask the state health commissioner to declare a public health emergency. The bill also precludes officers from arresting people enrolled in a needle exchange or using their enrollment as probable cause in a criminal investigation.

While it does not restrict the number of needles distributed, it does expire in 2019, which Clere previously said he was “concerned about.”